Richard Bruton (Dublin North Central, Fine Gael)
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Question 126: To ask the Minister for Justice, Equality and Law Reform the extent to which the work limits of persons on student visas are policed; the number of infringements detected and the sectors involved; and if he will make a statement on the matter. [13853/09]

Dermot Ahern (Louth, Fianna Fail)
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I have been informed by the Immigration and Naturalisation Service that a foreign national who is granted permission to come to Ireland for the purpose of engaging in a course of studies is permitted to take up employment on a casual basis. The relevant immigration permission which is granted to the student indicates that the student is only permitted to remain in the State to pursue his or her studies on condition that he or she does not engage in any business or profession other than casual employment (defined as 20 hours per week during school term and up to 40 hours per week during school holidays).

Work restrictions imposed on students are monitored whenever a student seeks to renew their registration with An Garda Síochána. For this purpose An Garda Síochána seeks a full financial record from students for the previous three months to ensure that they are not exceeding the work limits imposed on them. Where it appears that financial records are inconsistent with compliance to the limits by the student, they are asked to produce their payslips.

A person who is in breach of the conditions attached to his or her immigration permission, including limits on employment, is liable to have his or her immigration permission being revoked or not renewed. In this regard, the immigration authorities when engaging with students do take steps to monitor adherence to conditions and take appropriate action where concerns arise. Where it is found that a student is consistently infringing the work limits imposed under Student Permission Stamp 2 an application may be made by An Garda Síochána, under Section 3 of the Immigration Act 1999, to the Irish Naturalisation and Immigration Service to consider the deportation of that person.

To date in 2009, An Garda Síochána has made 113 applications under Section 3 of the Immigration Act 1999, twenty-nine (29) of which refer to students who were considered to be in breach of these conditions. Fifteen (15) of the applications were for students who were working in breach of their conditions in the following sectors: restaurant (5), services (1), entertainment (1), construction (1), taxi driver (1) and cases where the sector is unknown (6) (i.e., nature of employment not specified on the original application received by the Garda National Immigration Bureau).

The Deputy may also be aware that my Department is currently carrying out a review of student immigration. That review will address certain aspects of student migration from outside the EEA which have given rise to concern in recent years. It will also identify proposals for a more coherent approach to student migration generally. It is expected that the review will be completed shortly and will then be the subject of further consultation with other relevant Government Departments in relation to any proposed measures to be brought forward.